independent consultant agreement for professional services

Berkeley Unified School District of 29 Independent Consultant Agreement (Land Surveying)

INDEPENDENT CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES

(Land Surveying)

This Independent Consultant Agreement for Professional Services (“Agreement”) is

made and entered into as of the __ day of ________, 2021 by and between the Berkeley

Unified School District, (“District”) and __________________ (“Consultant”), (together,

“Parties”).

WHEREAS, Government Code section 4526, authorizes the District to contract with and

employ any person(s) for the furnishing of architecture, landscape architecture,

environmental, engineering, land surveying, and construction project management services

on the basis of demonstrated competence and on the professional qualifications necessary for

the satisfactory performance of the services required; and

WHEREAS, the District duly determined that it needs some or all of the land surveying

services to be provided pursuant to this Agreement; and

WHEREAS, the Consultant is trained, experienced, and competent to perform the

services required by the District, as needed on the basis set forth in this Agreement.

NOW, THEREFORE, the Parties agree as follows:

1. Services. The Consultant shall provide land surveying services as further described in

Exhibit "A," attached hereto and incorporated herein by this reference (“Services”).

2. Term. Consultant shall commence providing Services under this Agreement on

________, 2021 and will diligently perform as required and complete performance by

________, 202_, unless this Agreement is terminated and/or otherwise cancelled prior to

that time.

3. Submittal of Documents. The Consultant shall not commence the Services under this

Agreement until the Consultant has submitted and the District has approved the

certificate(s) and affidavit(s), and the endorsement(s) of insurance required as indicated

below:

X Signed Agreement

X Workers' Compensation Certification

X Fingerprinting/Criminal Background Investigation Certification

X Insurance Certificates and Endorsements

X W-9 Form

Other:

4. Compensation. District agrees to pay the Consultant for Services satisfactorily rendered

pursuant to this Agreement a total fee not to exceed ___________________ Dollars

($________). District shall pay Consultant according to the following terms and

conditions:

4.1. Payment for the Work shall be made for all undisputed amounts based upon the

delivery of the work product as determined by the District. Payment shall be made

within thirty (30) days after the Consultant submits an invoice to the District for

work actually completed and after the District’s written approval of the work, or the

portion of the work for which payment is to be made. The schedule of deliverable

Services is as follows:


4.1.1. ________________________________ ______________

4.1.2. ________________________________ ______________

4.1.3. ________________________________ ______________

4.1.4. ________________________________ ______________

4.1.5. ________________________________ ______________

4.2. The Services shall be performed at the hourly billing rates and/or unit prices

included in Exhibit “B.” If hourly billing applies, the itemized invoice shall reflect

the hours spent by the Consultant in performing its Services pursuant to this

Agreement.

4.3. If Consultant works at more than one site, Consultant shall invoice for each site

separately.

5. Expenses. District shall not be liable to Consultant for any costs or expenses paid or

incurred by Consultant in performing Services for District, except as follows:

5.1. __________________

5.2. __________________

6. Materials. Consultant shall furnish, at its own expense, all labor, materials, equipment,

supplies and other items necessary to complete the Services to be provided pursuant to

this Agreement, except as follows:

6.1. _______________

6.2. _________________

7. Independent Contractor. Consultant represents and warrants that Consultant is an

independent contractor or business entity that is: (i) free from the control and direction

of the District in connection with the performance of the Services, (ii) performing Services

that are outside the usual course of the District’s business, and (iii) customarily engaged

in an independently established trade, occupation, or business of the same nature as that

involved in the Services performed, District being interested only in the results obtained.

Consultant understands and agrees that it and all of its employees shall not be considered

officers, employees, agents, partner, or joint venture of the District, and are not entitled

to benefits of any kind or nature normally provided employees of the District and/or to

which District's employees are normally entitled, including, but not limited to, State

Unemployment Compensation or Worker's Compensation. Consultant shall assume full

responsibility for payment of all federal, state and local taxes or contributions, including

unemployment insurance, social security and income taxes with respect to Consultant's

employees.

8. Performance of Services.

8.1. Standard of Care. Consultant represents that Consultant has the qualifications

and ability to perform the Services in a professional manner, without the advice,

control or supervision of District. Consultant's Services will be performed, findings

obtained, reports and recommendations prepared in accordance with generally and

currently accepted principles and practices of its profession for Services to California

school districts.

Consultant shall carefully study and compare all documents, findings, and other

instructions and shall at once report to District, in writing, any error, inconsistency,


or omission that Consultant or its employees may discover. Consultant shall have

responsibility for discovery of errors, inconsistencies, or omissions.

8.2. District Approval. The work completed herein must meet the approval of the

District and shall be subject to the District’s general right of inspection and

supervision to secure the satisfactory completion thereof.

8.3. New Project Approval. Consultant and District recognize that Consultant’s

Services may include working on various Projects for District. Consultant shall

obtain the approval of District prior to the commencement of a new Project.

9. Ownership of Data. Pursuant to Education Code section 17316, this Agreement creates

a non-exclusive and perpetual license for the District to use, at its discretion, all plans

including, but not limited to, record drawings, specifications, estimates and other

documents that Consultant prepared or cause to be prepared pursuant to this Agreement.

Consultant retains all rights to all copyrights over designs and other intellectual property

embodied in the plans, record drawings, specifications, estimates, and other documents

that Consultant prepares or cause to be prepared pursuant to this Agreement.

In the event the District changes or uses any fully or partially completed documents

without Consultant’s knowledge or participation or both, the District agrees to release

Consultant of responsibility for such changes, and shall hold Consultant harmless from

and against any and all claims on account of any damages or losses to property or persons,

or economic losses, arising out of that change or use, unless Consultant is found to be

liable in a forum of competent jurisdiction. In the event that the District uses any fully or

partially completed documents without the Consultant’s full involvement, the District shall

remove all title blocks and other information that might identify Consultant.

10. Audit. Consultant shall establish and maintain books, records, and systems of account,

in accordance with generally accepted accounting principles, reflecting all business

operations of Consultant transacted under this Agreement. Consultant shall retain these

books, records, and systems of account during the Term of this Agreement and for five

(5) years thereafter. Consultant shall permit the District, its agent, other representatives,

or an independent auditor to audit, examine, and make excerpts, copies, and transcripts

from all books and records, and to make audit(s) of all billing statements, invoices,

records, and other data related to the Services covered by this Agreement. Audit(s) may

be performed at any time, provided that the District shall give reasonable prior notice to

Consultant and shall conduct audit(s) during Consultant’s normal business hours, unless

Consultant otherwise consents.

11. Disputes. In the event of a dispute between the Parties as to performance of the

Services, the interpretation of this Agreement, or payment or nonpayment for work

performed or not performed, the Parties shall attempt to resolve the dispute in good faith.

Pending resolution of the dispute, Consultant agrees it will neither rescind the Agreement

nor stop the performance of the Services, but will allow determination by the court of the

State of California, in the county in which the District’s administration office is located,

having competent jurisdiction of the dispute. Disputes may be determined by mediation

if mutually agreeable, otherwise by litigation. Notice of the demand for mediation of a

dispute shall be filed in writing with the other party to the Agreement. The demand for

mediation shall be made within a reasonable time after written notice of the dispute has

been provided to the other party, but in no case longer than ninety (90) days after initial

written notice. If a claim, or any portion thereof, remains in dispute upon satisfaction of

all applicable dispute resolution requirements, the Consultant shall comply with all claims


presentation requirements as provided in Chapter 1 (commencing with section 900) and

Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of Government

Code as a condition precedent to the Consultant’s right to bring a civil action against the

District. For purposes of those provisions, the running of the time within which a claim

must be presented to the District shall be tolled from the time the Consultant submits its

written claim until the time the claim is denied, including any time utilized by any

applicable meet and confer process.

12. Termination.

12.1. For Convenience by District. District may, at any time, with or without reason,

terminate this Agreement and compensate Consultant only for Services

satisfactorily rendered to the date of termination. Written notice by District shall

be sufficient to stop further performance of Services by Consultant. Notice shall be

deemed given when received by the Consultant or no later than three (3) days after

the day of mailing, whichever is sooner.

12.2. With Cause by District. District may terminate this Agreement upon giving of

written notice of intention to terminate for cause. Cause shall include:

12.2.1. material violation of this Agreement by the Consultant; or

12.2.2. any act by Consultant exposing the District to liability to others for personal

injury or property damage; or

12.2.3. Consultant is adjudged a bankrupt, Consultant makes a general assignment

for the benefit of creditors or a receiver is appointed on account of

Consultant's insolvency.

Written notice by District shall contain the reasons for such intention to terminate

and unless within three (3) calendar days after that notice the condition or violation

shall cease, or satisfactory arrangements for the correction thereof be made, this

Agreement shall upon the expiration of the three (3) calendar days cease and

terminate. In the event of this termination, the District may secure the required

Services from another consultant. If the expense, fees, and/or costs to the District

exceed the cost of providing the Service pursuant to this Agreement, the Consultant

shall immediately pay the excess expense, fees, and/or costs to the District upon

the receipt of the District’s notice of these expense, fees, and/or costs. The

foregoing provisions are in addition to and not a limitation of any other rights or

remedies available to District.

13. Indemnification.

13.1. To the furthest extent permitted by California law, Consultant shall indemnify and

hold harmless the District, its Governing Board, agents, representatives, officers,

consultants, employees, trustees, and volunteers (the “Indemnified Parties”) from

any and all claims arising out of, pertaining to, or relating to the negligence,

recklessness, or willful misconduct of Consultant. Consultant shall, to the furthest

extent permitted by California law, defend the Indemnified Parties at Consultant’s

own expense, from any and all Claim(s) and allegations relating thereto with

counsel approved by District where such approval is not to be unreasonably

withheld. Whereas the cost to defend the Indemnified Parties charged to the

Consultant shall not exceed the proportionate percentage of Consultant’s fault as


determined by a court of competent jurisdiction, any amounts paid in excess of

such established fault will be reimbursed by the District. Notwithstanding the

previous sentence, in the event one or more defendants is unable to pay its share

of defense costs due to bankruptcy or dissolution of the business, the design

professional shall meet and confer with other parties regarding unpaid defense

costs.

13.2. Consultant shall pay and satisfy any judgment, award, or decree that may be

rendered against the Indemnified Parties in any Claim, subject to section 15.1

above. Consultant’s obligation pursuant to this Article includes reimbursing the

District for the cost of any settlement paid by the Indemnified Parties and for any

and all fees and costs, including but not limited to legal fees and costs, expert

witness fees, and consultant fees, incurred by the Indemnified Parties in the defense

of any Claim(s) and to enforce the indemnity herein, subject to section 15.1 above.

Consultant’s obligation to indemnify shall not be restricted to insurance proceeds.

13.3. District may withhold any and all costs that arise out of, pertain to, or relate to the

negligence, recklessness, or willful misconduct of the Consultant from amounts

owing to Consultant.

14. Insurance.

14.1. The Consultant shall procure and maintain at all times it performs any portion of

the Services the following insurance with minimum limits equal to the amount

indicated below.

Type of Coverage Minimum

Requirement

Commercial General Liability Insurance, including Bodily

Injury, Personal Injury, Property Damage, Advertising Injury,

and Medical Payments

Each Occurrence

General Aggregate

$ 1,000,000

$ 2,000,000

Automobile Liability Insurance - Any Auto

Each Occurrence

General Aggregate

$ 1,000,000

$ 2,000,000

Professional Liability $ 1,000,000

Workers’ Compensation Statutory Limits

Employer’s Liability $ 1,000,000

14.1.1. Commercial General Liability and Automobile Liability Insurance.

Commercial General Liability Insurance and Any Auto Automobile Liability

Insurance that shall protect the Consultant, the District, and the State from

all claims of bodily injury, property damage, personal injury, death,

advertising injury, and medical payments arising performing any portion of

the Services. (Form CG 0001 and CA 0001, or forms substantially similar,

if approved by the District.)

14.1.2. Workers’ Compensation and Employers’ Liability Insurance.

Workers’ Compensation Insurance and Employers’ Liability Insurance for all

of its employees performing any portion of the Services. In accordance with

provisions of section 3700 of the California Labor Code, the Consultant shall

be required to secure workers’ compensation coverage for its employees.


If any class of employee or employees engaged in performing any portion

of the Services under this Agreement are not protected under the Workers’

Compensation Statute, adequate insurance coverage for the protection of

any employee(s) not otherwise protected must be obtained before any of

those employee(s) commence performing any portion of the Services.

14.1.3. Professional Liability (Errors and Omissions). Professional Liability

Insurance as appropriate to the Consultant’s profession, coverage to

continue through completion of construction plus two (2) years thereafter.

14.2. Proof of Carriage of Insurance. The Consultant shall not commence performing

any portion of the Services until all required insurance has been obtained and

certificates indicating the required coverage have been delivered in duplicate to the

District and approved by the District. Certificates and insurance policies shall

include the following:

14.2.1. A clause stating: “This policy shall not be canceled or reduced in required

limits of liability or amounts of insurance until notice has been mailed to the

District, stating date of cancellation or reduction. Date of cancellation or

reduction shall not be less than thirty (30) days after date of mailing notice.”

14.2.2. Language stating in particular those insured, extent of insurance, location

and operation to which insurance applies, expiration date, to whom

cancellation and reduction notice will be sent, and length of notice period.

14.2.3. An endorsement stating that the District and its Governing Board, agents,

representatives, employees, trustees, officers, consultants, and volunteers

are named additional insured under all policies except Workers’

Compensation Insurance, Professional Liability, and Employers’ Liability

Insurance. An endorsement shall also state that Consultant’s insurance

policies shall be primary to any insurance or self-insurance maintained by

District. An endorsement shall also state that there shall be a waiver of any

subrogation.

14.2.4. All policies except the Professional Liability, Workers’ Compensation

Insurance, and Employers’ Liability Insurance Policies shall be written on an

occurrence form.

14.3. Acceptability of Insurers. Insurance is to be placed with insurers with a current

A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the District.

15. Assignment. The obligations of the Consultant pursuant to this Agreement shall not be

assigned by the Consultant.

16. Compliance with Laws. Consultant shall observe and comply with all rules and

regulations of the Governing Board of the District and all federal, state, and local laws,

ordinances and regulations. Consultant shall give all notices required by any law,

ordinance, rule and regulation bearing on conduct of the Work as indicated or specified.

If Consultant observes that any of the Work required by this Contract is at variance with

any such laws, ordinance, rules or regulations, Consultant shall notify the District, in

writing, and, at the sole option of the District, any necessary changes to the scope of the

Work shall be made and this Contract shall be appropriately amended in writing, or this


Contract shall be terminated effective upon Consultant’s receipt of a written termination

notice from the District.

16.1. LABOR CODE REQUIREMENTS: Consultant shall comply with all applicable

provisions of the California Labor Code, Division 3, Part 7, Chapter 1, Articles 1 –

5, including, without limitation, the payment of the general prevailing per diem

wage rates for public work projects of more than one thousand dollars ($1,000).

Copies of the prevailing rate of per diem wages are on file with the District.

16.1.1. Registration: If applicable, before a public works contract can be

awarded, Consultant and its subcontractor(s) shall be registered with the

Department of Industrial Relations in accordance with Labor Code section

1771.1. At least one week before commencing work, Consultant shall

provide to the District the name and DIR registration number for Consultant

and any applicable subcontractor.

16.1.2. Certified Payroll Records: Consultant and its subcontractor(s) shall keep

accurate certified payroll records of workers and shall electronically submit

certified payroll records directly to the Department of Industrial Relations

weekly or within ten (10) days of any request by the District or the

Department of Industrial Relations.

16.1.3. Labor Compliance: Consultant shall perform the Work of the Project while

complying with all the applicable regulations, including section 16000, et

seq., of Title 8 of the California Code of Regulations and is subject to labor

compliance monitoring and enforcement by the Department of Industrial

Relations.

17. Certificates/Permits/Licenses/Registration. Consultant and all Consultant's

employees or agents shall secure and maintain in force such certificates, permits, licenses

and registration as are required by law in connection with the furnishing of Services

pursuant to this Agreement.

18. Employment with Public Agency. Consultant, if an employee of another public agency,

agrees that Consultant will not receive salary or remuneration, other than vacation pay,

as an employee of another public agency for the actual time in which Services are actually

being performed pursuant to this Agreement.

19. Anti-Discrimination. It is the policy of the District that in connection with all work

performed under contracts there be no discrimination against any employee engaged in

the work because of race, color, ancestry, national origin, religious creed, physical

disability, medical condition, marital status, sexual orientation, gender, or age and

therefore the Consultant agrees to comply with applicable Federal and California laws

including, but not limited to the California Fair Employment and Housing Act beginning

with Government Code Section 12900 and Labor Code Section 1735 and District policy.

In addition, the Consultant agrees to require like compliance by all of its subcontractor(s).

20. Fingerprinting of Employees. The Fingerprinting/Criminal Background Investigation

Certification must be completed and attached to this Agreement prior to Consultant’s

performing of any portion of the Services. Although District has determined that

fingerprinting is not applicable to this Agreement, Consultant expressly acknowledges that

the following conditions shall apply to any work performed by Consultant and/or

Consultant’s employees on a school site:


20.1. All site visits shall be arranged through the District;

20.2. Consultant and Consultant’s employees shall inform District of their proposed

activities and location at the school site, allowing District time to arrange site visits

without a disruption to the educational process;

20.3. Consultant and/or Consultant’s employees shall check in with the school office each

day immediately upon arriving at the school site;

20.4. Once at such location, Consultant and Consultant’s employees shall not change

locations without contacting the District;

20.5. Consultant and Consultant’s employees shall not use student restroom facilities;

and

20.6. If Consultant and Consultant’s employees find themselves alone with a student,

Consultant and Consultant’s employees shall immediately contact the school office

and request that a member of the school staff be assigned to the work location.

21. No Rights in Third Parties. This Agreement does not create any rights in, or inure to

the benefit of, any third party except as expressly provided herein.

22. District’s Evaluation of Consultant and Consultant’s Employees and/or

Subcontractors. The District may evaluate the Consultant in any way the District is

entitled pursuant to applicable law. The District’s evaluation may include, without

limitation:

22.1. Requesting that District employee(s) evaluate the Consultant and the Consultant’s

employees and subcontractors and each of their performance.

22.2. Announced and unannounced observance of Consultant, Consultant’s employee(s),

and/or subcontractor(s).

23. Limitation of District Liability. Other than as provided in this Agreement, District’s

financial obligations under this Agreement shall be limited to the payment of the

compensation provided in this Agreement. Notwithstanding any other provision of this

Agreement, in no event, shall District be liable, regardless of whether any claim is based

on contract or tort, for any special, consequential, indirect or incidental damages,

including, but not limited to, lost profits or revenue, arising out of or in connection with

this Agreement for the Services performed in connection with this Agreement.

24. Confidentiality. The Consultant and all Consultant’s agents, personnel, employee(s),

and/or subcontractor(s) shall maintain the confidentiality of all information received in the

course of performing the Services. Consultant understands that student records are

confidential and agrees to comply with all state and federal laws concerning the

maintenance and disclosure of student records. This requirement to maintain

confidentiality shall extend beyond the termination of this Agreement.

25. Notice. Any notice required or permitted to be given under this Agreement shall be

deemed to have been given, served, and received if given in writing and either personally

delivered or deposited in the United States mail, registered or certified mail, postage


prepaid, return receipt required, or sent by overnight delivery service, or facsimile

transmission, addressed as follows:

District:

Berkeley Unified School District

1707 Russell Street

Berkeley, CA 94703

[FAX]

ATTN: John Calise,

Executive Director of Facilities

Consultant:

[NAME]

____________

[FAX]

ATTN:

Any notice personally given or sent by facsimile transmission shall be effective upon

receipt. Any notice sent by overnight delivery service shall be effective the business day

next following delivery thereof to the overnight delivery service. Any notice given by mail

shall be effective three (3) days after deposit in the United States mail.

26. Integration/Entire Agreement of Parties. This Agreement constitutes the entire

agreement between the Parties and supersedes all prior discussions, negotiations, and

agreements, whether oral or written. This Agreement may be amended or modified only

by a written instrument executed by both Parties.

27. California Law. This Agreement shall be governed by and the rights, duties and

obligations of the Parties shall be determined and enforced in accordance with the laws of

the State of California. The Parties further agree that any action or proceeding brought

to enforce the terms and conditions of this Agreement shall be maintained in the county

in which the District’s administrative offices are located.

28. Waiver. The waiver by either party of any breach of any term, covenant, or condition

herein contained shall not be deemed to be a waiver of such term, covenant, condition,

or any subsequent breach of the same or any other term, covenant, or condition herein

contained.

29. Severability. If any term, condition or provision of this Agreement is held by a court of

competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will

nevertheless continue in full force and effect, and shall not be affected, impaired or

invalidated in any way.

30. Provisions Required By Law Deemed Inserted. Each and every provision of law and

clause required by law to be inserted in this Agreement shall be deemed to be inserted

herein and this Agreement shall be read and enforced as though it were included therein.

31. Authority to Bind Parties. Neither party in the performance of any and all duties under

this Agreement, except as otherwise provided in this Agreement, has any authority to bind

the other to any agreements or undertakings.

32. Attorney Fees/Costs. Should litigation be necessary to enforce any terms or provisions

of this Agreement, then each party shall bear its own litigation and collection expenses,

witness fees, court costs and attorney’s fees.

33. Captions and Interpretations. Paragraph headings in this Agreement are used solely

for convenience, and shall be wholly disregarded in the construction of this Agreement.

No provision of this Agreement shall be interpreted for or against a party because that


party or its legal representative drafted such provision, and this Agreement shall be

construed as if jointly prepared by the Parties.

34. Calculation of Time. For the purposes of this Agreement, “days” refers to calendar days

unless otherwise specified.

35. Signature Authority. Each party has the full power and authority to enter into and

perform this Agreement, and the person signing this Agreement on behalf of each party

has been properly authorized and empowered to enter into this Agreement.

36. Counterparts. This Agreement and all amendments and supplements to it may be

executed in counterparts, and all counterparts together shall be construed as one

document.

37. Incorporation of Recitals and Exhibits. The Recitals and each exhibit attached hereto

are hereby incorporated herein by reference.

[REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGE FOLLOWS]


IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date

indicated below.

Dated: , 2021

Berkeley Unified School District

By:

Print Name:

Print Title:

Dated: , 2021

By:

Print Name:

Print Title:

Information regarding Consultant:

License No.:

Registration No.:

Address:

Telephone:

Facsimile:

E-Mail:

Type of Business Entity:

____ Individual

____ Sole Proprietorship

____ Partnership

____ Limited Partnership

____ Corporation, State: ______

____ Limited Liability Company

____ Other:

_________________________:

Employer Identification and/or

Social Security Number

NOTE: Section 6041 of the Internal

Revenue Code (26 U.S.C. 6041)

and Section 1.6041-1 of Title 26 of

the Code of Federal Regulations

(26 C.F.R. 1.6041-1) requires the

recipients of $600.00 or more to

furnish their taxpayer information

to the payer. In order to comply

with these requirements, the

District requires the Consultant to

furnish the information requested

in this section.


EXHIBIT “A”

DESCRIPTION OF SERVICES TO BE PERFORMED BY CONSULTANT

Consultant’s entire Proposal is not made part of this Agreement.

Consultant agrees to provide the following Scope of Services according to the terms and

conditions stated in this Agreement for land surveying services at [INSERT LOCATION(S)].

Services shall include:

1. SERVICES GENERALLY

1.1. Land Surveyor shall be responsible for preparing accurate, unambiguous and

modern metes and bounds descriptions for each parcel of land being acquired or

surveyed that includes the coordinate values of the survey’s point of beginning and

corresponds to the survey, written in the same bearing system as the survey to be

used, with a reduced copy of the survey plan attached, in the deeds of conveyance;

marking the location of the parcels on the ground; locating and mapping any natural

and man–made physical features as may be found on the parcels; measuring the

property lines and determining the area of the parcels; providing a plan depicting

the findings of the survey; identifying any conflicts with adjoining deeds, locating

and providing dimensions for any encroachments affecting the parcels, and showing

these findings in detail in the plan depicting the survey findings; locating and

identifying easements, locatable restrictions, and right–of–way lines affecting the

parcels; preparing a record of survey map, if required; assisting in the fair market

value appraisal process by providing information regarding suitability of the parcels

for a particular purpose or providing notice when size, shape, area, condition, utility,

marketability and insurability or location and extent of encroachments of the parcels

are factors in the acquisition process; and resolving or explaining issues that serve

to eliminate patent and latent deed ambiguities as may exist in the description

found in the present deeds of record.

1.2. Deliverables include:

1.2.1. 5 wet-signed prints at suitable scale in 24”x36” sheet format.

2. SURVEY

Consultant shall conduct and provide the following Survey:

2.1. ALTA Survey:

2.1.1. ALTA Survey – Consultant shall perform an ALTA Survey of [LOCATION] as

requested by District according to the terms and conditions of this

Agreement. The ALTA Survey will be performed pursuant to the Minimum

Standard Detail Requirements for ALTA/NSPS Land Title Surveys set forth in

Exhibit “C.”

3. OTHER SUPPLEMENTAL SERVICES

3.1. Consultant shall provide supplemental services requested by District on a Time and

Materials basis pursuant to the hourly rate schedules in Exhibit “B.”


EXHIBIT “B”

HOURLY RATES AND FEE SCHEDULE

[INSERT HOURLY RATES AND FEE SCHEDULE FROM CONSULTANT]


EXHIBIT “C”

MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LAND TITLE

SURVEYS


WORKERS’ COMPENSATION CERTIFICATION

Labor Code Section 3700 in relevant part provides:

Every employer except the State shall secure the payment of compensation in one or more

of the following ways:

• By being insured against liability to pay compensation by one or more insurers duly

authorized to write compensation insurance in this State.

• By securing from the Director of Industrial Relations a certificate of consent to self-

insure, which may be given upon furnishing satisfactory proof to the Director of

Industrial Relations of ability to self-insure and to pay any compensation that may

become due to its employees.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer

to be insured against liability for workers’ compensation or to undertake self-insurance in

accordance with the provisions of that code, and I will comply with such provisions before

commencing the performance of the Work of this Contract.

Date:

Name of Consultant:

Signature:

Print Name and Title:

(In accordance with Article 5 – commencing at Section 1860, Chapter 1, part 7, Division 2 of

the Labor Code, the above certificate must be signed and filed with the District prior to

performing any Work under this Contract.)


PREVAILING WAGE CERTIFICATION

I hereby certify that I will conform to the State of California Public Works Contract

requirements regarding prevailing wages, benefits, on-site audits with 48-hours’ notice,

payroll records, and apprentice and trainee employment requirements, for all Work on the

above Project, including, without limitation, labor compliance monitoring and enforcement by

the Department of Industrial Relations.

Date:

Proper Name of Consultant:

Signature:

Print Name:

Title:


FINGERPRINTING/CRIMINAL BACKGROUND INVESTIGATION CERTIFICATION

One of the five boxes below must be checked, with the corresponding certification provided,

and this form attached to the Agreement:

Consultant’s employees will have only limited contact, if any, with District pupils and the

District will take appropriate steps to protect the safety of any pupils that may come in

contact with Consultant’s employees so that the fingerprinting and criminal background

investigation requirements of Education Code section 45125.1 shall not apply to

Consultant for the Services under this Agreement. As an authorized District official, I am

familiar with the facts herein certified, and am authorized to execute this certificate on

behalf of the District. (Education Code § 45125.1 (c))

Date: ______________________________________________________________

District Representative’s Name and Title: __________________________________

District Representative’s Signature: ______________________________________

The fingerprinting and criminal background investigation requirements of Education Code

section 45125.1 apply to Consultant’s Services under this Agreement and Consultant, who

is not a sole proprietor, certifies its compliance with these provisions as follows:

“Consultant certifies that the Consultant has complied with the fingerprinting and criminal

background investigation requirements of Education Code section 45125.1 with respect to

all Consultant’s employees, subcontractors, agents, and subcontractors’ employees or

agents (“Employees”) regardless of whether those Employees are paid or unpaid,

concurrently employed by the District, or acting as independent contractors of the

Consultant, who may have contact with District pupils in the course of providing Services

pursuant to the Agreement, and the California Department of Justice has determined that

none of those Employees has been convicted of a felony, as that term is defined in

Education Code section 45122.1. A complete and accurate list of all Employees who may

come in contact with District pupils during the course and scope of the Agreement is

attached hereto.”

The fingerprinting and criminal background investigation requirements of Education Code

section 45125.1 apply to Consultant’s Services under this Agreement and Consultant, who

is a sole proprietor, certifies its intent to comply with the fingerprinting requirements of

Education Code section 45125.1(k) with respect to all Consultant’s employees who may

have contact with District pupils in the course of providing Services pursuant to the

Contract, and hereby agrees to the District’s preparation and submission of fingerprints

such that the California Department of Justice may determine that none of those

employees has been convicted of a felony, as that term is defined in Education Code

section 45122.1. No work shall commence until such determination by DOJ has been

made.

As an authorized District official, I am familiar with the facts herein certified, and am

authorized to execute this certificate on behalf of the District and undertake to prepare

and submit Consultant’s fingerprints as if he or she was an employee of the District.

Date: ______________________________________________________________

District Representative’s Name and Title: __________________________________

District Representative’s Signature: _______________________________________

Consultant’s Services under this Agreement shall be limited to the construction,

reconstruction, rehabilitation, or repair of a school facility and although all Employees will

have contact, other than limited contact, with District pupils, pursuant to Education Code


section 45125.2 District shall ensure the safety of the pupils by at least one of the following

as marked:

□ The installation of a physical barrier at the worksite to limit contact with pupils.

□ Continual supervision and monitoring of all Consultant’s on-site employees of

Consultant by an employee of Consultant, ________________________, whom

the Department of Justice has ascertained has not been convicted of a violent or

serious felony.

□ Surveillance of Employees by District personnel.

Date:

District Representative’s Name and Title:

District Representative’s Signature:

The Work on the Agreement is either (i) at an unoccupied school site and no employee

and/or subcontractor or supplier of any tier of the Agreement shall come in contact with

the District pupils or (ii) Consultant’s employees or any subcontractor or supplier of any

tier of the Agreement will have only limited contact, if any, with District pupils and the

District will take appropriate steps to protect the safety of any pupils that may come in

contact with Consultant’s employees, subcontractors or suppliers so that the fingerprinting

and criminal background investigation requirements of Education Code section 45125.1

shall not apply to Consultant under the Agreement.

As an authorized District official, I am familiar with the facts herein certified, and am

authorized to execute this certificate on behalf of the District.

Date: _____________________________________________________________

District Representative’s Name and Title: _________________________________

District Representative’s Signature: _____________________________________

Consultant’s responsibility for background clearance extends to all of its employees,

subcontractors, and employees of subcontractors coming into contact with District pupils

regardless of whether they are designated as employees or acting as independent contractors

of the Consultant.

I am a representative of the Consultant entering into this Agreement with the District and I

am familiar with the facts herein certified, and am authorized and qualified to execute this

certificate on behalf of Consultant.

Date:

Name of Consultant:

Signature:

Print Name and Title: